The effect of a Decree of Nullity is that the marriage never existed in the first place and the parties are entitled to marry again as if they are single people.
It is important to note however, a Nullity granted by the Courts is different to a Nullity granted by the Church and a Decree of Nullity from the Courts does not automatically entitle the parties to a Nullity from the Church.
In the event of an Order of Nullity being made by the Court, the spouses cease to be legally married to each other and lose any rights they had as spouses under various legislation.
A Court may grant a Decree of Nullity if it is satisfied that one of the following grounds apply:
1.
Lack of Capacity
One party was already married to someone else at the time of the marriage
Both parties were of the same sex
One party was under the age of 18 and did not have Court permission
2.
Did not observe certain formalities
The parties involved did not comply with a formal requirement relating to ceremony, such as providing three month’s notice to the Registrar of Marriages prior to the ceremony
3.
Absence of Consent
A party gave their consent to the marriage under duress e.g. serious threats
A party gave their consent to the marriage under influence e.g. pressure imposed by a parent
A party did not intend at the time of the marriage to fulfil a fundamental part of the contract e.g. sexual relations
A party was insane at the time of the marriage
4.
Impotence
One of the parties is unable to perform the complete sexual act with the other person
5.
Inability to form and sustain a normal marital relationship
One party to the marriage was homosexual
One party suffered from extreme immaturity at the time of the marriage
One party, unknown to the other, was suffering from manic depression or schizophrenia at the time of the marriage
An application for an annulment of a marriage and the effect of it should be carefully considered in consultation with a Solicitor.
Please see the other links relating to our Family Law pages.
